A building permit from Amanat Baghdad or the municipality
The office of lawyer Ali Barakat in Baghdad sets out the path of a building permit when the property lies within the limits of Amanat Baghdad or within those of another municipality. The permit is an application before Amanat Baghdad or the municipal directorate. The effect of the building on the real estate register is read in Real Estate Registration Law No. 43 of 1971, published in the Iraqi Official Gazette, issue 1995, of 10/5/1971.
The body that grants the permit: Amanat Baghdad or the municipal directorate
If the property lies within the limits of Amanat Baghdad, Amanat Baghdad is the body approached for a building permit and for matters connected with the building regulations and the capital's master plan. If the property lies within the limits of a municipality in another governorate, the municipal directorate within whose limits the property lies is the body approached. That division follows the location of the property and the limits of the Amanat or the municipality, not the applicant's place of residence.
Rent of Immovable Property Law No. 87 of 1979 refers to the building regulations in a practical setting. The owner of a property may build a dwelling or one or more floors on the leased property if it can accommodate them, «provided this does not conflict with the building regulations in force», and provided it does not gravely impair the tenant's use, under article 9. The regulations applied by Amanat Baghdad or by the municipal directorate are therefore a limit on what an owner may construct, even on a let property. The definition of a building in Law No. 61 of 2001 regulating ownership of floors and apartments turns on a structure of two or more floors, including the ground floor, «erected with that description under a permit», under article 1, first. The permit therefore precedes the description of the building that is relied on when floors and apartments are partitioned and registered.
A permit application is ordinarily accompanied by the title deed or a copy of the real estate register and by the building design. The register is evidence of the permanent description recorded in it, including the kind, class, type and appurtenances, under article 72 of the Real Estate Registration Law. If the intended building would change the use of the property, that question is read with the page Changing the land category from agricultural to residential or commercial, because the register entry for the property's kind is a separate matter from the grant of the permit, even though the two are connected in practice.
The effect of the building on the real estate register after completion
The kind of the property is corrected when physical changes are made to it by erecting buildings or installations or by planting, by adding new works or plantations, or by any change to existing works or plantations that alters the kind of the property as to its exploitation or use, or when those works or plantations disappear, unless a legal text provides otherwise, under article 279 of the Real Estate Registration Law.
Registration is made on the owner's application, based on a proper inspection confirming that the actual changes have occurred so that the property is fit for use or exploitation in its new state according to local custom, under article 280, first. Inspection of the property, when recording factual dispositions that by their nature require inspection, such as partition, amalgamation and correction of kind, is carried out between sunrise and sunset, under article 88. Changes affecting the class, type, kind or appurtenances are entered on the first sheet of the register, with a brief reference to the registration or amendment document, under article 75, second.
Correction of kind requires unity of ownership of the land and of the buildings standing on it, except for a musataha right or what the law provides. If there are works belonging to persons other than the owners of the land, or to some of them only, under a lawful claim, the kind of the property is not corrected and the works are merely noted in the register, under article 281. That limit prevents a building from being attributed in the register to someone other than its owner, or the kind of the land from being changed while it carries works belonging to others, merely because a building permit exists.
Partition within municipal limits and its link to the permit
Registration of the partition of a property lying within municipal limits is based on a plan drawn up in accordance with the law and certified by the municipality, under article 284, first. In Baghdad the certification is by Amanat Baghdad. In another city it is by the municipality within whose limits the property lies. Partition of properties lying outside municipal limits into residential plots is subject to the approval of the administrative unit by a reasoned decision, under paragraph 2. Partition of agricultural plots and orchards is subject to further limits in paragraphs 3 and 4, including limits drawn from the agrarian reform legislation.
A building permit is therefore an application before Amanat Baghdad or the municipal directorate. The appearance of the building in the real estate register, the correction of kind, and the partition of plots within municipal limits are later filings at the Real Estate Registration Department, based on an inspection and a certified plan. The contractor's duties after the permit is issued are read on the page Contractor duties and building defects.
Legal basis and sources
- Real Estate Registration Law No. 43 of 1971 (Iraqi Official Gazette, issue 1995 of 10/5/1971) — Articles 75, 88, 279, 280 and 284
- Rent of Immovable Property Law No. 87 of 1979, as amended (Iraqi Official Gazette, issue 2719 of 30/6/1979) — Article 9
- Law No. 61 of 2001 regulating ownership of floors and apartments in buildings (Iraqi Official Gazette, issue 3860 of 8/1/2001) — Article 1
Frequently asked questions
Where is a building permit sought if the property is in Baghdad?
It is sought from Amanat Baghdad if the property lies within its limits. If the property lies within the limits of a municipality in another governorate, the municipal directorate within whose limits the property lies is approached.
Is a building permit enough to change the kind of the property in the real estate register?
No. Correction of kind is made on the owner's application, based on a proper inspection confirming the actual changes and the property's fitness for its new use according to local custom, under articles 279 and 280 of the Real Estate Registration Law, with the requirement of unity of ownership of the land and the buildings in article 281.
On what is the partition of a property within the limits of Amanat Baghdad or another municipality based?
Registration of the partition is based on a plan drawn up in accordance with the law and certified by Amanat Baghdad or by the municipality within whose limits the property lies, under article 284, first, of the Real Estate Registration Law.
Related topics and articles
- 01Changing the land category from agricultural to residential or commercialChanging a property's kind or class in the register from agricultural to residential or commercial, under Land Registration Law 43/1971.
- 02Contractor duties and building defects under the Civil CodeThe contractor's duties and the warranty for defects in the work under Civil Code articles 864 to 890, without repeating the ten-year structural warranty.
- 03Ownership of floors, apartments and common partsOwnership of floors, apartments and common parts under Law 61 of 2001 and Civil Code articles 1082 to 1095, and the owners' association.
- 04What a landlord reviews before and after a lease in BaghdadWhat a Baghdad landlord reviews before and after a lease under Rent Law 87/1979 and the Civil Code.
- 05Sale or mortgage and the real-estate tax step in governorates not organised in a regionSale or mortgage and the real-estate tax step in governorates not organised in a region, under Law 162/1959 and Land Registration Law 43/1971.